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Mesothelioma Statutes of Limitations by State

Mesothelioma Statutes of Limitations by State

Mesothelioma Statutes of Limitations

Mesothelioma Statutes of Limitations by State

Mesothelioma Statutes of LimitationsMesothelioma Statute of limitations refers to the timeframe from diagnosis or in some instances death that a mesothelioma patient or their family has to file a legal claim for compensation. Statutes of limitations vary in each State. An experienced GPW mesothelioma lawyer can advise you regarding the statute of limitations in your particular case and insure that your legal right to file a claim against the responsible asbestos products manufacturers is preserved.

How Long Do You Have to File a Claim?

Statute of limitation is a law which allows you to file a claim within a specific time frame. The timeline may start with the patient diagnosis or from the death of the patient. The total time limit is usually between 1 to 3 years but it varies by state.

Factors Affecting How Long You Have to File

Location

Determining the best place to file your Mesothelioma case can be complex. You may have better choices than the State where you currently reside. An experienced GPW mesothelioma lawyer will factor in all alternatives before they advise you on the State and county in which to file your case which will give you the best chance for a recovery you deserve. Some republican controlled states have passed terrible, unjust special interest laws, paid for by asbestos companies and their lobbyists, that protect asbestos companies from their victims, put arbitrary caps on damages and secretly limit jury awards. A GPW  lawyer will weigh factors like this to determine your best legal filing options. Please call GPW today, we are standing by to help you.  

Type of Case

The statute of limitations for a mesothelioma claim usually starts with the diagnosis of the patient. The law on how long you have after diagnosis or death of a loved one varies by state. In some states, the trigger date to begin the statute of limitation depends on different factors. For example, if the patient has already passed away then the statute of limitation for a spouse and family member to file a wrongful death claim will be different. A mesothelioma claim time limit is a law called mesothelioma statute of limitation and this varies by state. Determining the statute of limitations depends on analyzing the facts in each individual case, an experienced GPW lawyer is standing by to help you determine your statute of limitations and to advise you on the best way to file a mesothelioma claim.

Statue of Limitation by State

Every state has its own statute of limitation for a mesothelioma case. If the statute of limitation in one state has run out, then you can file the case in another state where the time is different if the asbestos exposure occurred in multiple states.

The table below shows some general information on statutes of limitations in each State. This is only a general list and the specific factors in your case must be reviewed by an experienced lawyer to determine the Statute of Limitations on filing a mesothelioma claim in your individual case. Please contact GPW today to speak with a top mesothelioma lawyer who can calculate the statute of limitations in your specific circumstance for you.

Location (State)Personal Injury (Years)Wrongful Death (years)
Alabama22
Alaska22
Arizona22
Arkansas33
California11
Connecticut33
Delaware22
Florida42
Georgia22
Hawaii22
Idaho22
Illinois22
Indiana22
Iowa22
Kansas22
Kentucky11
Louisiana11
Maine62
Maryland33
Massachusetts33
Michigan33
Minnesota43
Mississippi33
Missouri53
Montana33
Nebraska42
Nevada22
New Hampshire33
New Jersey22
New Mexico33
New York32
North Carolina32
North Dakota33
Ohio22
Oklahoma22
Oregon33
Pennsylvania22
Rhode Island33
South Carolina33
South Dakota33
Tennessee33
Texas22
Utah32
Vermont32
Virginia22
Washington33
Washington D.C.31
West Virginia22
Wisconsin33
Wyoming42

Personal Injury Cases

An asbestos disease patient or the family of a person who passes from asbestos disease can file a personal injury or wrongful death claim against responsible asbestos companies. Asbestosis and asbestos cancer has a long latency period. That means that an asbestos exposed person will not develop diagnosable asbestos disease for many years after exposure to asbestos, often 20 to 40 years or more. Understanding this, the normal time span for filing a mesothelioma claim usually starts when the patient is diagnosed. A mesothelioma claim time limit is a law called mesothelioma statute of limitation and this varies by state. 

The “discovery of harm” rule is what makes the statue of limitations on filing a mesothelioma claim unique compared to most personal injury claims.  In most states, the window to file a typical personal injury claim starts at the time of the injury, the window for mesothelioma cases generally begins at diagnosis.

The “discovery of harm” rule allows personal injury cases to be filed within a certain amount of time after a person knew or should have known about his or her injury. Mesothelioma patients typically have no way of discovering that their asbestos exposure would have caused injury for several years after they were exposed. The clock on the statute of limitations for a mesothelioma patient generally begins to run on the day a doctor diagnoses them with mesothelioma.

Wrongful Death Cases

If your loved one passed away from asbestos disease without filing a claim or if he/she filed a personal injury claim which had not yet been resolved and the asbestos disease took his/her life then the family can often proceed with a wrongful death claim against the responsible parties. Determining your rights to a wrongful death claim can be complicated, an experienced GPW mesothelioma lawyer is standing by to assist you. We will charge you no attorney fee unless we recover compensation for your family. 

Summary

Mesothelioma statute of limitations is basically the understanding of the timeframe to file a complaint due to an asbestos illness or disease such as mesothelioma. It starts at the time of patient’s diagnosis and expires at different times depends on the law of each state. Understanding Mesothelioma statutes of limitations is important if you want to learn how to file a mesothelioma claim. A mesothelioma claim time limit is a law called mesothelioma statute of limitation and this varies by state. Mesothelioma claim time limits are tricky to understand. A GPW mesothelioma lawyer can help you understand Mesothelioma claim time limits.